American cities, towns, townships and parishes have usually adopted one of the principal building codes to govern construction and occupancy in their jurisdiction; UBC (Universal Building Code), BOCA (Building Officials and Code Administrators) or SBC (Standard Building Code).
The various construction codes were intended to standardize and improve building regulations, promote effective administration, organization and enforcement of these regulations by professionally staffed state and local governmental units.
Because of sometimes significant differences in the competing codes, there is now a migration by most municipalities to one standard; the International Building Code (IBC).
Because the decision to make the jump to conformity sometimes becomes political, vested interests, with pull, may slow the process in some areas so code uniformity may be slow in coming. .
The most contentious issue HUD (Housing and Urban Development) has with building codes involves landlords and property managers using local code occupancy standards to violate Fair Housing Laws.
Federal housing officials believe that occupancy standards, based solely on square feet, can result in discrimination against families with children, or those from cultures who wish to live as extended families in the same home.
No person shall occupy or let to another for occupancy, any rental unit for the purpose of living therein that does not comply with the following requirements:
(1) Minimum Ceiling Height.
Habitable rooms shall have a clear ceiling height over the minimum area required by this Chapter of not less than seven (7) feet six (6) inches.
Kitchens, bathrooms, halls and toilet compartments may have a ceiling height of not less than seven (7) feet. Exception: A ceiling height of less than seven (7) feet will be considered a built-in deficiency and shall be exempt from compliance, provided, that such built-in deficiency was in compliance with a building code at the time of construction.
(2) Required Space in Sleeping Rooms.
Every room occupied for sleeping purposes shall have an area of not less than seventy (70) square feet.
Where more than two (2) persons occupy a room used for sleeping purposes, the required floor area shall be increased at the rate of fifty (50) square feet for each occupant in excess of two (2).
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Two (2) people: 10 x 7
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Three (3) 10 x 12
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Four (4) 12 x 15
(3) Access Limitation of Dwelling Unit to Commercial Uses.
No habitable room, bathroom, or toilet compartment which is accessory to a rental unit shall open directly into or shall be used in conjunction with a food store, barber or beauty shop, doctor's or dentist's examination or treatment room, -or similar room used for public purposes.
(4) Location of Rooms.
No dwelling or rental unit containing two (2) or more sleeping rooms shall be arranged so that access to a bathroom or toilet can be obtained only by going through another sleeping room.
(5) Required Space in Efficiency Unit.
Each efficiency rental unit shall include:
(a) A living room of not less than two hundred twenty (220) square feet of superficial floor area with an additional one hundred (100) square feet of superficial floor area for each occupant in excess of two (2).
(b) A kitchen sink; cooking appliance and refrigeration facility areas; must have a clear working space of not less than thirty (30) inches in front.
(c) Light and ventilation conforming to this code shall be provided.
(d) A separate bathroom containing a toilet, lavatory and bathtub, or shower.
(6) Basement Space not Habitable.
No basement space shall be used as a habitable room or rental unit except as provided in this section. Basement may be used as a recreation room but may not be used for sleeping purposes. Exception: Basement sleeping room must meet all requirements for basement dwelling units.
(7) Basement Dwelling Units.
No basement space shall be used as a dwelling unit unless:
(a) The floor and walls are impervious to leakage or underground and surface run-off water.
(b) The total window area in each room is equal to at least ten percent (10%) of the floor area of the room as measured between stops, and is entirely above the grade of the ground adjoining such window area.
(c) The total openable window area in each room is equal to forty-five percent (45%) of the minimum window area, except where there is supplied a mechanical ventilation system to the outside air capable of completely changing the air in the room every fifteen (15) minutes.
(d) The ceiling height throughout the unit is at lease seven (7) feet.
(e) It is separated from heating equipment, incinerators, or other hazardous equipment by an approved partition.
(f) Access can be gained to the unit without going through a furnace room.
(g) Two (2) independent means of egress are provided from every basement space as required by the Building Code.
State and municipal statutes, ordinances and codes differ. It is therefore imperative that landlords and property managers read, and maintain, copies of all the rules they are expected to do business under. You can get a copy of the code used locally by contacting the building inspection department where you own property.
HUD may enforce Fair Housing Laws as superior to local codes.